Friday, November 23, 2012

Child Custody - Can Anyone Get a Copy of a the Child Custody Order?

One of the greatest rights we have in the US is the right to a trial by a jury of our peers. Along with this right comes the responsibility of serving on a jury. Of course the reason this all works is because our judicial system is based on a model of openness and that openness allows court records to be accessed by the public as an assurance of keeping the system in balance.

While the court system routinely allows the general public unfettered access to court records there are a few exceptions. The court does seal records occasionally (usually in Criminal Court), but in Family Court they are normally available to view or get copies by anyone who asks for them. The exception being cases that have parents who had a child out of wedlock. This is done to protect the child from becoming ostracized by the public.

In order to view a case file or get copies of a case file you need to visit the Family Courthouse. Go to the Clerk's office and ask for the file by the names of the parties. The Clerk will pull the file (if it is still active) or will put in a request to have the file pulled from a warehouse if the case has been inactive for a period of time and contact you when it is available, normally 2-5 days.

Child Custody - Can Anyone Get a Copy of a the Child Custody Order?

Once the file is available, you can view the contents and get copies if needed. Before you view the contents the clerk may pull the Judges packet or other information that is considered private. There is no need to ask what was pulled as the clerk cannot share that information with you.

If you decide you want copies you will need to ask the clerk to make them for you (as the file may not leave the viewing area). It is common to have personal information redacted from the files to protect the information from being taken advantage of.

Child Custody - Can Anyone Get a Copy of a the Child Custody Order?
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Ed Brooks knows first hand how difficult "High Conflict" child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum http://www.child-custody-forum.com/ where parents can go to share their experiences, ask advice, and look for support.

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